Austria, Presidential Election, Repeat Second Round, 4 December 2016: Final Report
After section 31 of the Children Act 1989 (care and supervision orders) insert—
Section 16E of the Children Act 2004 (local arrangements for safeguarding and promoting welfare of children) is amended as follows.
In subsection (1)—
omit the “and” after paragraph (a);
after that paragraph insert—;
for paragraph (b) substitute—.
In subsection (2), after “partners” insert “and the relevant agencies mentioned in subsection (1)(aa)”.
After subsection (2) insert—
In section 66(3) of that Act (instruments subject to affirmative procedure), for “16E(3)” substitute “16E(2A)(b) or (3)”.
The Children Act 2004 is amended as follows.
After section 16E insert—
In section 16G (further provision about arrangements)—
after subsection (4) insert—;
in subsection (6), after “subsection (4)” insert “or (4A)(b)”;
after subsection (7) insert—
In section 16J (combining safeguarding partner areas and delegating functions)—
in subsections (1) and (2), after “(5)” insert “and (6)(a) and (b)”;
after subsection (5) insert—
In section 66(3) (instruments subject to affirmative procedure), after “16E(2A)(b) or (3)” (as inserted by section 2(5)) insert “, 16EA(2)(b) or (5), 16EB(2)(a)”.
After section 16L of the Children Act 2004 (safeguarding partners for local authority areas) insert—
After section 22G of the Children Act 1989 insert—
Part 3 of the Children Act 1989 (support for children and families provided by local authorities in England) is amended as follows.
In the italic heading before section 23ZZA, after “children” insert “and others”.
After that italic heading insert—
In section 23ZZA (information and advice for promoting educational achievement), in subsection (6), in the definition of “relevant child”—
at the end of paragraph (a)(i) insert “or”;
omit paragraph (a)(ii) (including the “or” at the end of that paragraph);
omit the “or” at the end of paragraph (a)(iii);
after paragraph (a) insert—.
After section 23CZA of the Children Act 1989 insert—
Section 2 of the Children and Social Work Act 2017 (local offer for care leavers in England) is amended as follows.
In subsection (1), after paragraph (b) insert—
In subsection (2), after paragraph (f) insert—
After subsection (2) insert—
In subsection (7)—
in the definition of “care leavers”, for paragraph (c) substitute—;
after that definition insert—.
In section 191 of the Housing Act 1996 (becoming homeless intentionally)—
after subsection (1) insert—;
in subsection (1A), for the words before paragraph (a) substitute “The first case is where—”;
after subsection (1A) insert—;
in subsection (3), in the words before paragraph (a), after “person” insert “, other than a person described in subsection (1B) or (1C),”.
The amendments made by this section do not apply in relation to an application of a kind mentioned in section 183(1) of the Housing Act 1996 made before the date on which this section comes into force, except where the local housing authority deciding the application has not yet decided the matters set out in section 184(1)(a) and (b) of that Act.
In section 34 of the Children Act 1989 (parental contact etc. with children in care)—
in subsection (1)—
omit the “and” at the end of paragraph (c), and
at the end of paragraph (d) insert ; and;
in subsection (4), for “(d)” substitute “(e)”;
in subsection (8), in paragraph (za), for “(d)” substitute “(e)”.
After section 213A of the Housing Act 1996 (homelessness: co-operation in certain cases involving children) insert—
The amendment made by this section does not apply in relation to a child for whom a local housing authority in England has secured accommodation in response to an application for assistance under Part 7 of the Housing Act 1996 which was made before the date on which this section comes into force.
The Children Act 1989 is amended as follows.
After section 22I (inserted by section 5) insert—
In section 104 (regulations and orders)—
in subsection (2), after “(3AB),” insert “(3AC),”;
in subsection (3A), after “(3AB),” insert “(3AC),”;
after subsection (3AB) insert—
Section 25 of the Children Act 1989 (use of accommodation for restricting liberty) is amended as follows.
In the following places, for “restricting” substitute “depriving children of their”—
the heading of the section;
subsection (1).
After subsection (1) insert—
In subsection (2)—
in paragraph (a)—
in sub-paragraph (i) after “Scotland” insert “, or be deprived of their liberty in relevant accommodation in England,”;
in sub-paragraph (ii) after “Scotland” insert “or be deprived of their liberty in relevant accommodation in England”;
in paragraph (b) after “Scotland” insert “, or to be deprived of their liberty in relevant accommodation in England,”.
In subsection (3)—
after “section” insert “in respect of a child being kept in secure accommodation”;
for “a child” substitute “the child”.
After subsection (5) insert—
In subsection (5A), for “restrict the child’s” substitute “deprive the child of their”.
In subsection (7)—
in paragraph (c) after “Scotland” insert “or be deprived of their liberty in relevant accommodation in England”;
in paragraph (d) after “secure accommodation” insert “or be deprived of their liberty in relevant accommodation”.
After subsection (8) insert—
In section 104 of the Children Act 1989 (regulations and orders)—
in subsection (3A), after “(3B)” insert “, (3BZA)”;
after subsection (3B) insert—
In section 93 of the Children (Scotland) Act 1995 (interpretation)—
in the definition of “secure accommodation”, omit paragraph (b);
after that definition insert—.
In section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (interpretation)—
in the definition of “secure accommodation”, omit paragraph (b);
after that definition insert—.
The Care Standards Act 2000 is amended as follows.
After section 23 insert—
In section 21 (appeals to Tribunal), after subsection (5) insert—
In section 22 (regulation of establishments and agencies)—
after subsection (2) insert—;
after subsection (10) insert—
In section 37 (service of documents)—
in subsection (1)—
omit the words from “carrying” to “agency”;
omit the “or” at the end of paragraph (a);
at the end of paragraph (b) insert ; or;
after subsection (3) insert—;
after subsection (5) insert—
The Care Standards Act 2000 is amended as follows.
After section 30ZB insert—
In section 14(1) (grounds for cancelling registration) after paragraph (b) insert—.
In section 21 (appeals to Tribunal) after subsection (6) insert—
In the italic heading before section 30ZA, after “notices” insert “(Wales)”.
In section 30A (matters of which the CIECSS must notify local authorities)—
in subsection (2), after paragraph (b) insert—;
in subsection (7), after the definition of “electronically” insert—.
The Care Standards Act 2000 is amended as follows.
After section 30ZD (inserted by section 15) insert—
In section 118 (orders and regulations)—
after subsection (2) insert—;
in subsection (3) for “subsection (2)”, in the first place it occurs, substitute “subsections (2) or (2A)”.
The Care Standards Act 2000 is amended as follows.
After section 30ZJ (inserted by section 16(2)) insert—
In section 25 (power for regulations to create offences), after subsection (2) insert—
In section 118 (orders and regulations), in subsection (2B) (inserted by section 16(3)) after paragraph (a) insert—.
In the Care Standards Act 2000, after section 30ZL (inserted by section 17) insert—
In section 14(1) (grounds for cancelling registration) in paragraph (ba) (inserted by section 15(3)) after “30ZC” insert “or 30ZM”.
The Care Standards Act 2000 is amended as follows.
After section 30ZM (inserted by section 18) insert—
After Schedule 1 insert—
In section 118 (orders and regulations), in subsection (2B) (inserted by section 16(3)) after paragraph (b) (inserted by section 17(4)) insert—
In the Care Standards Act 2000, after section 30ZN (inserted by section 19(2)) insert—
In the Care Act 2014, after section 56 insert—
After section 32 of the Children and Social Work Act 2017 insert—
The Criminal Justice and Courts Act 2015 is amended as follows.
In section 20 (ill-treatment or wilful neglect: care worker offence)—
in subsection (3)—
omit “or” after paragraph (a);
after paragraph (b) insert or;
after subsection (6) insert—;
in subsection (7) after “social care” insert “, or care or support at a regulated establishment,”.
In section 21 (ill-treatment or wilful neglect: care provider offence)—
in subsection (2)(a), for the words after “the provision of” to the end substitute “regulated care, or”;
after subsection (2) insert—;
in subsection (3)—
in paragraph (b) for “health care or social care as part of health care or social care” substitute “regulated care as part of such care”;
in the words after that paragraph for “health care or social care”, at both places where those words appear, substitute “regulated care”;
in subsection (4) for “health care or social care” substitute “regulated care”;
in subsection (7)(a), for “health care or social care” substitute “regulated care”;
in subsection (8), for “health care or social care” substitute “regulated care”;
in subsection (9), in the second definition, after ““health care”” insert “, “regulated establishment””.
In section 25 (care provider offence: liability for ancillary and other offences)—
in subsection (4)—
omit “or” after paragraph (a);
after paragraph (b) insert , or;
in subsection (5), in the second definition—
before ““health care”” insert ““child”,”;
after ““health care”” insert “, “regulated establishment””.
It is the duty of every relevant authority when exercising its functions—
to be alert to matters which adversely affect, or might adversely affect, the wellbeing of looked-after children and relevant young people;
to assess what services or support provided by the authority are or may be available for looked-after children and relevant young people;
to seek to provide opportunities for looked-after children and relevant young people to participate in activities designed to promote their wellbeing or enhance their employment prospects;
to take such action as the authority considers appropriate to help looked-after children and relevant young people—
to make use of services, and access support, provided by the authority, and
to access opportunities provided by the authority in pursuance of paragraph (c).
The duty imposed by subsection (1)—
applies to a relevant authority only so far as compliance with the duty—
is consistent with the proper exercise of its functions, and
is reasonably practicable, and
does not apply as mentioned in section 24.
“Relevant authority” means a person listed, or within a description listed, in Part 1 of Schedule 1.
“Looked-after child” means a person aged under 18 who is—
looked after by a local authority for the purposes of the Children Act 1989, the Social Services and Well-being (Wales) Act 2014 (anaw 4) or the Children (Scotland) Act 1995, or
looked after by an authority for the purposes of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
“Relevant young person” means a person who—
is aged 16 or over but under 25, and
was a looked-after child on their 16th birthday or at any subsequent time but is no longer a looked-after child.
The duty under section 23(1) does not apply in relation to the exercise of—
any function of the Secretary of State in relation to immigration, asylum or nationality, or
any general customs function of the Secretary of State.
In subsection (1)(b), “general customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8) of that Act).
The duty under section 23(1) does not apply in relation to—
the exercise of a function in or as regards Scotland to the extent that the function could be conferred by provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998);
the exercise of a function in relation to Wales to the extent that the function could be conferred by provision that would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006);
the exercise of a function in or as regards Northern Ireland to the extent that the function could be conferred by provision that—
would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998), and
would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of that Act.
Relevant authorities and local authorities in England must, so far as reasonably practicable, collaborate with each other when performing their corporate parenting duty where they consider that doing so would safeguard or promote the wellbeing of looked-after children or relevant young people.
In subsection (1), “corporate parenting duty” means—
in the case of a relevant authority, the duty under section 23(1);
in the case of a local authority in England, the duty under section 1(1) of the Children and Social Work Act 2017.
Collaboration under subsection (1) may in particular include—
sharing information;
providing advice or assistance;
co-ordinating activities (and seeking to prevent unnecessary duplication).
Subsection (1) is not to be read as requiring or authorising a disclosure of information which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In this section—
“local authority in England” has the same meaning as in section 1 of the Children and Social Work Act 2017;
In section 86 of the School Standards and Framework Act 1998 (parental preferences), in subsection (8)(b), for “438(4) or 440(2)” substitute “436L(4) or 436O(2)”.
“local authority in England” has the same meaning as in section 1 of the Children and Social Work Act 2017;
“relevant authority”, “looked-after children” and “relevant young people” have the same meaning as in section 23.
“relevant authority”, “looked-after children” and “relevant young people” have the same meaning as in section 23.
In section 1 of the Children and Social Work Act 2017, after subsection (4) insert—
A relevant authority must have regard to any guidance given by the Secretary of State as to the performance of the duty under section 23(1).
Guidance for the purposes of this section may in particular include guidance about—
how the duty under section 23(1) applies in relation to a particular relevant authority or to relevant authorities of a particular description;
outcomes which a relevant authority should seek to achieve in performing the duty.
Before giving guidance, the Secretary of State must consult—
those relevant authorities to which the guidance relates, and
such other persons as the Secretary of State considers appropriate.
In this section, “relevant authority” has the same meaning as in section 23.
The Secretary of State must, after the end of each relevant three-year period, lay before Parliament a report on how the Secretary of State has performed the duty under section 23(1) during that period.
In subsection (1), “relevant three-year period” means—
the period of three years beginning with the day on which this section comes into force, and
each subsequent period of three years.
The Children and Young Persons Act 1933 is amended as follows.
For section 18 substitute—
In section 21 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.
In section 28 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.
In section 30 (interpretation), in subsection (1), after “byelaws” insert “or regulations”.
In Schedule 36A to the Education Act 1996, in the table, omit the entry for section 18 of the Children and Young Persons Act 1933 (including the title of that Act).
In Part 2 of Schedule 1 to the Local Government Byelaws (Wales) Act 2012 (anaw 2), in the table, in the English language and Welsh language texts, omit the entry that relates to byelaws made under section 18 of the Children and Young Persons Act 1933 (referred to as “adran 18 o Ddeddf Plant a Phobl Ifanc 1933” in the Welsh language text).
The Children and Young Persons (Scotland) Act 1937 is amended as follows.
For section 28 substitute—
In section 31 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.
In section 35 (confirmation of byelaws), in subsection (1), for “Secretary of State” substitute “Scottish Ministers”.
In section 36 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.
In section 37 (interpretation), after “byelaws” insert “or regulations”.
In section 38 (savings)—
omit subsection (3);
in subsection (4), for “The said provisions” substitute “The provisions of this Part relating to employment”.
In section 110(1) (interpretation), omit the definitions of “borstal institution” and “residential establishment”.
After section 551A of the Education Act 1996 insert—
In section 512B of the Education Act 1996 (provision of school lunches: Academies), after subsection (3) insert—
After section 512B of the Education Act 1996 insert—
In section 512ZB of the Education Act 1996 (free school lunches and milk)—
in subsection (2)(a), for “subsection (4) or (4A) (or both)” substitute “subsection (4), (4A) or (4D)”;
after subsection (4C) insert—
Section 110 of the Education Act 2005 (supply of information) is amended as follows.
In subsection (4), after “local authority” insert “or the appropriate authority of a relevant school in England”.
In subsection (5)—
at the end of paragraph (a), omit “or”;
at the end of paragraph (b), insert or.
After subsection (5) insert—
After subsection (6), insert—
For subsections (7) and (8) substitute—
After section 100 of the Children and Families Act 2014 insert—
In section 342 of the Education Act 1996 (approval of non-maintained special schools), after subsection (5) insert—
In section 94 of the Education and Skills Act 2008 (independent educational institution standards), after subsection (3A) (inserted by section 37(2)(b) of this Act) insert—
The Education Act 1996 is amended as follows.
In the italic heading before section 551A, omit “Costs of”.
After that italic heading insert—
In section 551A (guidance about the costs of school uniforms: England), for subsections (5) and (6) substitute—
In Part 10 of the Education Act 1996, after Chapter 2 insert—
In section 89 of the Education and Inspections Act 2006 (determination by head teacher of behaviour policy), after subsection (6) insert—
After section 434 of the Education Act 1996 insert—
In section 569 of that Act (regulations)—
in subsection (2A), after “section” insert “434B,”;
in subsection (2BB), after “section” insert “434B or”.
The Education Act 1996 is amended as follows.
After section 436A insert—
In section 569(2A)—
after “section” insert “436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2),”;
after “550ZC(7)” insert “, or under paragraph 5 of Schedule 31A”.
In section 569(2B)—
omit “A statutory instrument containing”;
after “397” insert “, 436I(6)”;
for the words after “the Welsh Ministers” substitute “are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).”
In section 569(2BA)—
omit the words from the beginning to “provision)”;
for the words after “2018” substitute “are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).”
In section 569(2BB)—
omit the words from the beginning to “provision)”;
after “section” insert “436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2) or”;
after “579(3C)” insert “, or under paragraph 5 of Schedule 31A”;
for the words after “579(3C)” substitute “are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).”
After Schedule 31 insert—
The Education Act 1996 is amended as follows.
After section 436G (as inserted by section 38) insert—
In section 572 (service of notices and other documents), at the end insert—
In Schedule 1 (pupil referral units), for paragraph 14 substitute—
After section 436S of the Education Act 1996 (as inserted by section 39) insert—
After section 436T of the Education Act 1996 (as inserted by section 40) insert—
Schedule 2 contains consequential amendments relating to section 39.
The Education and Skills Act 2008 is amended as follows.
For section 92 (meaning of “independent educational institution”) substitute—
Omit section 93 (application of Chapter to institutions in England only).
Omit section 93A (application of Chapter to alternative provision Academies that are not independent educational institutions).
In section 98(3) (information to be included in registration application), omit paragraph (a).
In section 99(5) (content of entry in register), for “98(3)(a)” substitute “98(3)(b)”.
In section 132 (power to apply provisions of Chapter 1 of Part 4 to independent post-16 colleges)—
in subsection (2)(a)(ii), for “student” substitute “person”;
in subsection (4)(b)(i), for “a student” substitute “provided with education and training”.
In section 138 (interpretation of Chapter 1 of Part 4)—
in subsection (1), for the definition of “student” substitute—;
after subsection (1) insert—
In section 166(2) (instruments subject to affirmative procedure), after paragraph (f) insert—.
The Education and Skills Act 2008 is amended as follows.
In section 94 (independent educational institution standards)—
after subsection (1) insert—;
after subsection (3) insert—
After section 99 insert—
After section 118 insert—
In section 124 (appeal by proprietor against decision of Secretary of State to deregister), after subsection (4) insert—
In section 125 (appeal by proprietor against other decisions of Secretary of State)—
in subsection (1)—
omit the “or” at the end of paragraph (c);
after paragraph (d) insert—;
after subsection (7) insert—
After section 126 insert—
The amendment made by subsection (5) does not apply in relation to a decision taken by the Secretary of State under section 116(1)(b) of the Education and Skills Act 2008 before the coming into force of subsection (5).
In section 96 of the Education and Skills Act 2008 (unregistered independent educational institutions: offence), after subsection (4) insert—
Before Schedule 1 to that Act insert—
Schedule A1 prevention order offence of conducting an unregistered independent educational institution in England
The Education and Skills Act 2008 is amended as follows.
In section 98 (applications for registration)—
in subsection (3)—
in paragraph (e), after “students” insert “, including under arrangements with other persons”;
after paragraph (e) insert—;
after subsection (3) insert—
In section 99 (determination of applications for registration), after subsection (5) insert—
In the italic heading before section 101 (material change), omit “to registered details”.
In section 101 (definition of “material change”), for subsections (2) and (3) substitute—
In section 102 (requirement to apply for approval for material change), after subsection (2) insert—
For section 103 (inspections) substitute—
In section 104 (determination of applications for approval)—
for subsection (1) substitute—;
in subsection (2)—
in the words before paragraph (a), for “subsection (1)” substitute “this section”;
in paragraph (a), after “Chief Inspector” insert “or an independent inspectorate”;
in paragraph (b), for “relating to the independent educational institution standards” substitute “that is relevant to the application”;
in subsection (3), for “subsection (1)” substitute “this section”;
in subsection (4), for “subsection (1) to refuse” substitute “this section not”.
In section 105 (powers where institution makes unapproved material change), in subsection (1)(c)(ii) for “has been refused” substitute “the Secretary of State has decided not to approve it”.
In section 125 (appeal by proprietor against other decisions of Secretary of State), in subsection (1)(b), for “104(1) (refusal” substitute “104 (decision not”.
In section 138 (interpretation), after subsection (2) insert—
In section 166 (orders and regulations), in subsection (6)(a), after “circumstances” insert “, purposes”.
The Education and Skills Act 2008 is amended as follows.
In section 100 (power to deregister), after subsection (1) insert—
In section 100(3), in the words before paragraph (a), for “The Secretary of State’s decision” substitute “A decision by the Secretary of State under subsection (1)”.
In section 124(1)(a) (appeal against decision to deregister under section 100) for “100” substitute “100(1)”.
The Education and Skills Act 2008 is amended as follows.
In section 105—
in the heading, for “Power to deregister” substitute “Powers in relation to”;
in subsection (1)—
for the words before paragraph (a) substitute “This section applies where—”;
in paragraph (a), for “the” substitute “an independent educational”;
after subsection (1) insert—;
in subsection (2), omit “to remove it from the register”;
in subsection (3)(a), after “124” insert “or 125”.
In section 117 (meaning of “relevant restriction”), in subsection (2)(a), after “section” insert “105(1A)(a) or”.
In section 118 (relevant restrictions imposed by Secretary of State)—
in subsection (1), before “116(1)(a)” insert “105(1A)(a) or”;
in subsection (2), omit “not exceeding level 5 on the standard scale”.
In section 125 (appeal by proprietor against other decisions of Secretary of State), in subsection (1)(c), after “section” insert “105(1A)(a) or”.
The Education and Skills Act 2008 is amended as follows.
Omit section 97 (unregistered independent educational institutions: inspection).
After section 127 insert—
In section 138 (interpretation), after subsection (3) (inserted by section 46(11)) insert—
The Criminal Justice and Police Act 2001 is amended as follows.
In section 57(1) (retention of seized items), after paragraph (y) (inserted by the Border Security, Asylum and Immigration Act 2025) insert—
In section 65 (meaning of “legal privilege”)—
after subsection (8C) insert—;
in subsection (9)—
at the end of paragraph (e) omit “or”;
at the end of paragraph (g) insert “, or”;
after paragraph (g) insert—
In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act applies), after paragraph 73Y (inserted by the Border Security, Asylum and Immigration Act 2025) insert—
The Education and Skills Act 2008 is amended as follows.
After section 137 insert—
In section 166(2) (instruments subject to affirmative procedure)—
omit the “or” at the end of paragraph (g);
after that paragraph insert—.
In section 87BA of the Children Act 1989 (quality assurance of inspectors under section 87A), for subsection (1) substitute—
After that section insert—
In section 107 of the Education and Skills Act 2008 (quality assurance of independent inspectorates), for subsection (1) substitute—
After that section insert—
The Education Act 2002 is amended as follows.
In section 141A (teachers to whom misconduct regime applies)—
in subsection (1)—
in the words before paragraph (a), after “is” insert “or has (at any time) been”;
after paragraph (ba) insert—;
in subsection (2), after the definition of “children’s home” insert—.
After section 141A insert—
In section 141B (investigation of disciplinary cases by the Secretary of State)—
in subsection (1)—
in the words before paragraph (a), for “an allegation is referred” substitute “it appears”;
in paragraph (a), for “may be” substitute “may (at any time) have been”;
after subsection (3) insert—
In section 141D(4) (supply of information following dismissal, resignation etc: definitions)—
in the definition of “relevant employer”—
in paragraph (c), for “or 16 to 19 Academy” substitute “, a 16 to 19 Academy, an independent educational institution or a special post-16 institution”;
after paragraph (d) insert—;
in paragraph (e), after “employs” insert “or engages”;
after the definition of “children’s home” insert—;
after the definition of “services” insert—.
In section 210(3) (instruments subject to affirmative procedure)—
in the words before paragraph (a), after “order” insert “or regulations”;
omit the “or” at the end of paragraph (e);
after paragraph (f) insert or.
The Education Act 2002 is amended as follows.
In section 133 (requirement to be qualified), in subsection (6)—
omit “or” after paragraph (a);
after paragraph (b) insert , or
In section 135A(4) (requirement to serve induction period: teachers in England), at the end of the definition of “relevant school” insert “or Academies of a description specified by the Secretary of State in regulations under this section.”
The Academies Act 2010 is amended as follows.
In section 1A (Academy schools)—
in subsection (1), for paragraph (b) substitute—;
after subsection (3) insert—
After section 13 insert—
After Schedule 1 insert—
In section 96 of the Education Act 2002 (procedure for making certain orders and regulations), after subsection (7) insert—
In the Education Act 2002, in section 29A (power of governing body in England: educational provision for improving behaviour), after subsection (4) insert—
In the Education Act 1996, in section 444ZA (application of section 444 to alternative educational provision), in subsection (1D)—
in the words before paragraph (a), for “or a pupil referral unit” substitute “, a pupil referral unit or an Academy”;
For provision about the application of sections 29A and 51A of the Education Act 2002 in relation to Academies, see sections 29A(5) and 51A(12) of that Act.
The provision that may be made in relation to Academy schools by the first regulations under section 29A(5) of the Education Act 2002 includes provision in relation to any relevant requirement imposed before those regulations come into force.
In relation to an Academy school, the requirement referred to in section 444ZA(1B) of the Education Act 1996 includes a reference to a relevant requirement imposed before the first regulations under section 29A(5) of the Education Act 2002 come into force.
In subsections (3) and (4) “relevant requirement”, in relation to an Academy school, means a requirement imposed by the proprietor of the school on a registered pupil to attend any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.
After section 497B of the Education Act 1996 (but before the italic heading before section 498) insert—
The Education and Inspections Act 2006 is amended in accordance with subsections (2) and (3).
In Part 8 (inspections), after Chapter 2, insert—
In section 182 (parliamentary control of orders and regulations), in subsection (3), after paragraph (aza) insert—.
The Academies Act 2010 is amended in accordance with subsections (5) to (7).
After section 2A insert—
For section 2C (new academy agreements) substitute—
For section 2D (old academy agreements) substitute—
The Academies Act 2010 is amended as follows.
In section 4 (Academy orders)—
omit subsection (A1);
in subsection (1)(b), omit “other than by virtue of section 61 or 62 of EIA 2006”.
In section 5(2) (consultation about conversion: schools not eligible for intervention), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
Omit section 5A (consultation about identity of Academy sponsor).
In section 5B(1) (duty to facilitate conversion), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
In section 5C(1) (power to give directions to do with conversion), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
In section 5D (power to revoke Academy orders)—
in the heading, for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”;
in subsection (1), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
In the Education and Adoption Act 2016, omit sections 7 and 9.
The amendments made by this section are to be disregarded in a case where, immediately before the day on which this section comes into force—
an order under section 4(A1) of the Academies Act 2010 has effect in respect of a school, and
the school has not been converted into an Academy in pursuance of the order (and for this purpose “converted into an Academy” is to be read in accordance with section 4(3) of that Act).
Schedule 3 amends Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) in relation to the pay and conditions of teachers at Academies (other than 16 to 19 Academies).
Section 128 of the Education Act 2002 (application of section 122 orders to teachers at schools forming part of education action zones) is repealed.
In section 210(5) of that Act (order and regulations)—
at the end of paragraph (b) insert “or”;
omit paragraph (c) (together with the final “or”).
In the School Standards and Framework Act 1998, after section 85 insert—
In the Education Act 1996, after section 19A insert—
In section 96(8) of the School Standards and Framework Act 1998 (schools subject to local authority powers to direct admission of individual pupils), for “a maintained school” substitute —
In the same Act—
in section 96(1), for “governing body of” substitute “admission authority for”;
in section 96(3A), after “99(2)(c)” insert “(or, in the case of an Academy school, that would fall within that provision if it applied)”;
in section 96, after subsection (4) insert—;
in section 96(5), for “governing body” substitute “admission authority”;
in section 97(1)(b), for “governing body of” substitute “admission authority for”;
in section 97(2)(a), for “governing body and head teacher of” substitute “admission authority for, and head teacher of,”;
in section 97(3), for “governing body” substitute “admission authority”.
Section 96 of the School Standards and Framework Act 1998 (general power of local authority to direct admission of individual pupil) is amended as follows.
After subsection (1) insert—
In subsection (7), after “section” insert —.
The School Standards and Framework Act 1998 is amended as follows.
After section 88I insert—
In section 86 of the School Standards and Framework Act 1998 (parental preferences), after subsection (5B) insert—
In section 88K (sections 88H and 88I: supplementary)—
in the heading, for “and 88I” substitute “, 88I and 88IA”, and
in subsection (5), for “section 88I” substitute “sections 88I and 88IA”.
Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance or alteration of schools) is amended in accordance with subsections (2) to (4).
Omit section 6A (requirement to seek proposals for establishment of new Academies).
In section 7 (invitation for proposals for establishment of new schools)—
for subsection (1) substitute—;
in subsection (2)—
in paragraph (a), omit the words from “other than” to the end of the paragraph (including the “or”), and
other than a school providing education suitable only to the requirements of persons above compulsory school age.
after subsection (2) insert—;
in subsection (5), at the end of paragraph (a) insert , and;
in subsection (6)—
omit the “and” after paragraph (a), and
after paragraph (b) insert , and.
In section 7A (withdrawal of notices under section 7)—
in subsection (2)(a), omit “, with the consent of the Secretary of State”;
after subsection (2) insert—
In section 10 of the Academies Act 2010 (consultation: new and expanded educational institutions), in subsection (1)(a) omit the words from “other” to “authority),”.
Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance or alteration of schools) is amended as follows.
In section 10 (publication of proposals with consent of Secretary of State)—
for the heading substitute “Proposals other than proposals pursuant to a section 7 notice: publication etc”;
for subsections (1) and (2) substitute—;
in subsection (5)—
for “(2)” substitute “(2B)”,
the words from “the proposers” to the end become paragraph (a), and
at the end of that paragraph insert , and
Omit section 11 (publication of proposals to establish maintained schools: special cases).
In section 12 (establishment of school as federated school), in subsection (1)(a), for “7, 10 or 11” substitute “7 or 10”.
In section 13 (schools established outside area of relevant local authority), in paragraph (b), omit “or 11”.
In section 28 of the Education and Inspections Act 2006 (restriction on establishment, alteration or discontinuance of schools), after subsection (4) insert—
Schedule 4 amends Schedule 2 to the Education and Inspections Act 2006 (proposals for establishment or discontinuance of schools in England).
The amendments made by section 65(2) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority in England has— but a final determination of the proposals has not been made.
sought proposals for the establishment of an Academy under section 6A(1) of EIA 2006, and
specified a date for the proposals to be submitted under subsection (2) of that section,
The amendments made by section 65(3) and (4) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority has published a notice under section 7 of EIA 2006 but a final determination of any proposals made pursuant to such a notice has not been made.
The requirement to consult under section 9(1) of EIA 2006 in relation to a notice under section 7 of that Act as amended by section 65(3) may be satisfied by consultation that occurs wholly or partly before the coming into force of section 65(3).
The amendments made by section 66(2) to (5) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority or any other person has published proposals under section 10 or 11 of EIA 2006 but a final determination of the proposals has not been made.
The requirement to consult under section 10(4) of EIA 2006 in relation to proposals may be satisfied by consultation that occurs wholly or partly before the coming into force of section 66(2).
In this section, “EIA 2006” means the Education and Inspections Act 2006.
The Online Safety Act 2023 is amended as follows.
After section 214 insert—
In section 225 (parliamentary procedure for regulations), in subsection (1), after paragraph (e) insert—.
The Secretary of State must, before the end of the period of three months beginning with the day on which this Act is passed, lay before Parliament a statement setting out—
what progress has been made towards making the first regulations under section 214A(1) of the Online Safety Act 2023 (inserted by section 70 of this Act) (“the first regulations”), and
a timeline for making the first regulations.
The timeline must provide for the first regulations to be laid before Parliament before the end of the period of 12 months beginning with the day on which the statement is laid under subsection (1).
The duty in subsection (1) does not apply where the first regulations have been made before the end of the period mentioned in subsection (1).
If the first regulations have not been laid before Parliament before the end of the period mentioned in subsection (2)—
the Secretary of State must lay before Parliament a statement explaining why, and
before the end of the period of six months beginning with the day on which the statement under paragraph (a) is laid, the Secretary of State must lay the first regulations before Parliament.
References in this section to the laying before Parliament of the first regulations are to the laying before Parliament of a draft of a statutory instrument containing the first regulations.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data is amended as follows.
In Article 8 (child’s consent in relation to information society services), after paragraph 2 insert—
After Article 8, insert—
The Secretary of State may by regulations made by statutory instrument make provision that is consequential on provision made by this Act.
Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same session of Parliament as, this Act.
Except as provided by subsection (4), a statutory instrument that contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument that contains (whether alone or with other provision) regulations under this section that amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
The power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes or areas.
In this section, “primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
an Act or Measure of Senedd Cymru, or
Northern Ireland legislation.
The Welsh Ministers may by regulations make provision that is consequential on any of the following provisions of this Act—
section 13 (use of accommodation for deprivation of liberty);
section 14(5) (service of documents under Part 2 of the Care Standards Act 2000);
section 22 (ill-treatment or wilful neglect of children);
sections 37 to 42 (children not in school).
Regulations under subsection (1) may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd.
Regulations under this section may amend, repeal or revoke provision made by or under—
an Act or Measure of Senedd Cymru passed before this Act, or
an Act passed or made before, or in the same session of Parliament as, this Act.
Regulations under this section are to be made by Welsh statutory instrument (see section 37A of the Legislation (Wales) Act 2019 (anaw 4)).
Except as provided by subsection (6), regulations made under this section are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).
Regulations made under this section that amend, repeal or revoke provision made by or under an Act or Measure of Senedd Cymru, or an Act, are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019 (anaw 4)).
The power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes or areas.
The Scottish Ministers may by regulations make provision that is consequential on section 13 (use of accommodation for deprivation of liberty).
Regulations under subsection (1) may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
Regulations under this section may amend, repeal or revoke provision made by or under—
an Act of the Scottish Parliament passed before this Act, or
an Act passed or made before, or in the same session of Parliament as, this Act.
For provision about instruments containing regulations under this section, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
Except as provided by subsection (6), regulations made under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
Regulations made under this section that amend, repeal or revoke provision made by or under an Act of the Scottish Parliament, or an Act, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
The power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes or areas.
There is to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by the Secretary of State or by a government department, and
any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.
Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.
Subject to subsection (1)—
sections 23 to 27 and Schedule 1 extend to England and Wales, Scotland and Northern Ireland;
section 29 extends to Scotland only.
Subject to subsections (1) and (2), Parts 1 and 2 extend to England and Wales only.
Section 71 and this Part extend to England and Wales, Scotland and Northern Ireland.
The following come into force on the day on which this Act is passed—
any provision of or amendment made by Part 1 or 2, so far as it confers or relates to a power to make—
regulations, or
in relation to the amendments made to the Education Act 2002 by Schedule 3, an order;
Part 3;
this Part.
The following come into force (for all or remaining purposes) at the end of the period of two months beginning with the day on which this Act is passed—
section 5;
section 22;
section 31;
section 36;
section 51;
section 55;
section 56;
section 58;
section 59 and Schedule 3 other than paragraph 6 of that Schedule;
section 60;
section 61.
Subject to subsection (1), the following come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by Welsh statutory instrument appoint—
section 28;
sections 37 to 42 and Schedule 2.
Subject to subsection (1), section 29 comes into force on such day as the Scottish Ministers may by regulations appoint.
Subject to subsections (1) to (4) , this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
Different days may be appointed under subsections (3), (4) or (5) for different purposes or areas.
The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of this Act other than—
the provisions listed in subsection (3) in relation to Wales;
section 29.
The Welsh Ministers may by regulations made by Welsh statutory instrument make transitional or saving provision in connection with the coming into force of any provision listed in subsection (3) in relation to Wales.
The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of section 29.
The power to make regulations under subsections (7), (8) or (9) includes power to make different provision for different purposes or areas.
This Act may be cited as the Children’s Wellbeing and Schools Act 2026.
Section 23
The Secretary of State.
The Lord Chancellor.
The governing body of a maintained school in England. In sub-paragraph (1), “maintained school” has the meaning given by section 39(1) of the Education Act 2002.
The proprietor of a non-maintained special school in England. In sub-paragraph (1)—
The proprietor of— In sub-paragraph (1), “proprietor” has the meaning given by section 579(1) of the Education Act 1996.
The governing body of an institution in England within the further education sector. In sub-paragraph (1)—
The proprietor of a special post-16 institution in England in relation to which an approval under section 41(3) of the Children and Families Act 2014 has effect. In sub-paragraph (1), “proprietor” and “special post-16 institution” have the meaning given by section 83(2) of the Children and Families Act 2014.
His Majesty’s Chief Inspector of Education, Children’s Services and Skills.
NHS England.
An integrated care board established under section 14Z25 of the National Health Service Act 2006.
An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.
An NHS trust established under section 25 of the National Health Service Act 2006.
The Care Quality Commission.
The Youth Justice Board for England and Wales.
The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by— A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature. Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature.
Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description— Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1— In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of—
Section 42
The Children Act 1989 is amended as follows. In section 36 (education supervision orders), in subsection (5)(a), for “437” substitute “436I”. In section 91 (effect and duration of care orders etc), in subsection (5), for “437” substitute “436I”. In Schedule 3 (supervision orders), in paragraph 13(2)(a)(i) and (b)(i), for “437” substitute “436I”.
The Education Act 1996 is amended as follows. Omit sections 437 to 443 (school attendance orders) and the italic headings before sections 437 and 443. Before section 444 insert—. Before section 445 insert—. In sections 445(1), 446 and 447(1) and (2)(a), for “443” substitute “436Q”. After section 447 insert— In section 580 (index), in the second column of the entry relating to “school attendance order”, for “section 437(3)” substitute “section 436I”.
In section 369 of the Sentencing Act 2020 (parenting order in respect of certain offences under the Education Act 1996)—
in subsection (1)(a), for “443” substitute “436Q”;
in subsections (2), (4) and (5)(a), for “443” substitute “436Q”.
Section 59
Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) is amended as follows.
In section 120(2) (School Teachers’ Review Body function: meaning of school teacher), for the words from “the Secretary of State’s” to the end substitute “section 122 or an Academy teacher for the purposes of section 122A.”
In section 121(2) (bodies to be consulted by School Teachers’ Review Body), after paragraph (b) insert—.
In the heading of section 122, after “conditions” insert “of school teachers other than Academy teachers”.
After section 122 insert—
In section 122A (inserted by paragraph 5), after subsection (10) insert—
In section 123 (scope of section 122 orders)—
in the heading, after “122” insert “or 122A”;
after subsection (1) insert—;
in subsection (2)(b), after “local authorities” insert “, teachers and proprietors of Academies”;
in subsection (3), after “122” insert “or 122A”;
in subsection (4), after paragraph (c) insert—
In section 124 (supplementary provision), after “122”, in each place it occurs (including the heading), insert “or 122A”.
In section 125(1) (requirement to refer matter before making order), after “122” insert “or 122A”.
In section 126 (bodies to be consulted by the Secretary of State)—
after “122” insert “, 122A”;
after paragraph (b) insert—.
In section 127 (guidance issued by the Secretary of State)—
after subsection (2) insert—;
in subsection (3), after “(1)” insert “or (2A)”;
in subsection (4)—
after “(1)” insert “or (2A)”;
after paragraph (b) insert—.
After section 127 insert—
In section 210(6) (orders not subject to Parliamentary procedure), after “122” insert “or 122A”.
Section 68
Schedule 2 to the Education and Inspections Act 2006 (proposals for establishment or discontinuance of schools in England) is amended as follows.
In paragraph 1(1) (application of Schedule), omit “, 11”.
In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit “, 11”.
Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy proposals”) and the italic heading before it.
Paragraph 4 (references to persons by whom proposals are made) is amended as follows. For paragraph (a), substitute—. In paragraph (b), omit “, 11”.
Omit paragraph 5A (consideration of proposals: distinction between Academy and non-Academy proposals).
In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or 10”.
Omit paragraph 7A (consideration of Academy proposals).
Paragraph 8 (consideration of proposals: further provision) is amended as follows. In sub-paragraph (2), after “proposals to” insert “the Secretary of State or”. Sub-paragraphs (3) and (4) are limited by provision made by or under paragraph 17A in relation to proposals for the establishment of an Academy.
In paragraph 9 (consideration of proposals that are related to other proposals), in sub-paragraph (2A)(b), omit “, 11”.
In the italic heading before paragraph 10, after “refer to” insert “Secretary of State or”.
Paragraph 10 (duty to refer certain proposals to adjudicator) is amended as follows. In sub-paragraph (1)— In sub-paragraph (3), for “adjudicator” in both places it occurs, substitute “appropriate person”. In this paragraph, “the appropriate person” means—
In the italic heading before paragraph 12, for “adjudicator” substitute “Secretary of State”.
In paragraph 12 (duty to refer proposals in pursuance of direction by Secretary of State), in sub-paragraph (1), for “adjudicator” substitute “Secretary of State”.
In the italic heading before paragraph 13, after “refer” insert “certain”.
For paragraph 13 (duty to refer proposals where determination delayed) substitute—
Paragraph 14 (reference to adjudicator at request of aggrieved person) is amended as follows. In sub-paragraph (1), omit “, 11”. In sub-paragraph (2)(c), omit “or 11”.
Paragraph 15 (duty to refer related proposals) is amended as follows. In paragraph (a), for “7, 10, 11 or 15” substitute “10 or 15”. In paragraph (b), omit “, 11”.
Paragraph 16 (withdrawal of proposals before determination) is amended as follows. In paragraph (b) of sub-paragraph (1)— In the words after that paragraph, for “the adjudicator” substitute “the Secretary of State or the adjudicator, as the case may be”. In sub-paragraph (2)—
In the italic heading before paragraph 17, after “to” insert “Secretary of State or”.
For paragraph 17 substitute—
After paragraph 17 insert—
Paragraph 19 (determination whether to implement proposals not requiring consideration under paragraph 8) is amended as follows. In sub-paragraph (4)—
Paragraph 21 (requirement to implement proposals) is amended as follows. In sub-paragraph (5), after “refer to” insert “the Secretary of State or”. Where the relevant authority have not yet taken a step required by this paragraph in relation to proposals published under section 7, the Secretary of State may give a direction to the authority requiring the authority to refer the matter to the Secretary of State. In sub-paragraph (6), after “paragraph” insert “in relation to proposals under section 10 or 15”. In sub-paragraph (7)—
Paragraph 22 (proposals not falling to be implemented) is amended as follows. In sub-paragraph (3), after “referred to” insert “the Secretary of State or”. After that sub-paragraph insert—